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Indo-tibetan Border Police Force Act, 1992 Section 131

Title : Remedy Against Order, Finding or Sentence of Force Court

State : Central

Year : 1992

(1) Any person subject to this Act who considers himself aggrieved by any order passed by any Force Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Force Court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Force Court which has been confirmed, may present a petition to the Central Government, the Director-General or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 135

Title : Execution of Sentence of Imprisonment

State : Central

Year : 1992

(1) Whenever any sentence of imprisonment is passed under this Act by a Force Court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a Summary Force Court the officer holding the Court or such other officer as may be prescribed shall, save as otherwise provided in sub-sections (3) and (4), direct that the sentence shall be carried out by confinment in a civil prison. (2) When a direction has been made under sub-section (1), the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. (3) In the case of a..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 144

Title : Suspension of Sentence of Imprisonment

State : Central

Year : 1992

(1) Where a person subject to this Act is sentenced by a Force Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Force Court may suspend the sentence whether or not the offender has already been committed to prison or to Force custody. (2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to Force custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 145

Title : Orders Pending Suspension

State : Central

Year : 1992

(1) Where the sentence referred to in section 144 is imposed by a Force Court other than a Summary Force Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Force custody until the orders of the authority or officer specified in section 144 have been obtained. (2) Where a sentence of imprisonment is imposed by a Summary Force Court, the officer holding the trial may make the direction referred to in sub-section (1). View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 5

Title : Control, Direction, Etc

State : Central

Year : 1992

(1) The general superintendence, direction and control of the force shall, vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force. (2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Director-General, Inspectors-General, Deputy Inspector-General, Additional Deputy Inspector-General, Commandants and other officers as may be appointed by the Central Government. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 20

Title : Desertion and Aiding Desertion

State : Central

Year : 1992

(1) Any person subject to this Act deserts or attempts to desert the service shall, on conviction by a Force Court (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in the Act mentioned. (3) Any reason subject to this Act who, being cognizant of any..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 49

Title : Civil Offences

State : Central

Year : 1992

Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on conviction, be punishable as follows, that is to say, (a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such, less punishment as is in this Act mentioned; and (b) in any other case, be shall be liable to suffer any punishment, assigned for the offence by the law in force in India or imprisonment for a term which may extend, to seven years, or such less..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 78

Title : Power to Convene a Petty Force Court

State : Central

Year : 1992

A Petty Force Court may be convened by an officer having power to convene a General Force Court or by an officer empowered in this behalf by warrant of any such officer. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 87

Title : Prohibition of Second Trial

State : Central

Year : 1992

(1) When any person, subject to this Act has been acquired (acquitted) or convicted of an offence by a Force Court or by a criminal court or has been dealt with under section 56 or under section 58, he shall not be liable to be tried again for the same offence by a Force Court or dealt with under the said sections. (2) When any person, subject to this Act, has been acquired (acquitted) or convicted of an offence by a Force Court or has been dealt with under section 6 or section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 90

Title : Application of Act During Term of Sentence

State : Central

Year : 1992

(1) When a person subject to this Act is sentenced by a Force Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Force, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (2) When a person subject to this Act is sentenced by a Force Court to death, this Act shall apply to him till the sentence is carried out. View Complete Act      List Judgments citing this section


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